The State Board of Mortuary Science of New Jersey (the Board) is proposing to readopt N.J.A.C. 13:36 with amendments and a new rule. The rules in Chapter 36 were scheduled to expire on March 2, 2010, pursuant to Executive Order No. 66 (1978). Pursuant to Executive Order No. 1 (2010), the chapter expiration date is extended from March 2, 2010 until the completion of the review of administrative regulations and rules by the Red Tape Review Group, and until such time as the extended regulation or rule is readopted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.

In compliance with Executive Order No. 66 (1978), the Board undertook a thorough review of the existing provisions of N.J.A.C. 13:36 in order to delete unnecessary or unreasonable rules and to clarify existing provisions. The Board believes that the rules proposed for readoption, as amended, are necessary, reasonable, understandable and responsive to the purpose for which they were promulgated.

The following is a summary of the subchapters of N.J.A.C. 13:36, which the Board proposes to readopt, as well as a summary of the amendments and new rule the Board is proposing at this time.

Subchapter 1 sets forth the rules governing the administration of the Board. The Board is proposing that N.J.A.C. 13:36-1.1, which establishes the official seal of the Board, and N.J.A.C. 13:36-1.2, which contains definitions for relevant words and terms used throughout the subchapter, be readopted without change. N.J.A.C. 13:36-1.3 establishes the schedule of Board meetings. The Board is proposing to amend N.J.A.C. 13:36-1.3(b), which establishes when special meetings of the Board may be held, to provide that regular monthly Board meetings will be held in accordance with a published schedule of meetings, consistent with the Board's current practice. N.J.A.C. 13:36-1.4 and 1.5, which set forth the duties of the Executive Director of the Board and mortuary inspectors, respectively, and N.J.A.C. 13:36-1.6, which delineates the fees and charges imposed by the Board, are proposed to be readopted without change. N.J.A.C. 13:36-1.7 remains reserved.

N.J.A.C. 13:36-1.8 establishes funeral recordkeeping responsibilities. The Board is proposing to amend subsection (c), which provides that funeral records must include the name and address of the religious institution utilized for a funeral service, to add "mosque" to the list of religious institutions currently identified in the rule, as its omission from the original list was an oversight. In addition, the existing requirement in subsection (c) that the funeral record contain a copy of the completed New Jersey Death Certificate is proposed to be amended to clarify that this death certificate must include the final cause of death. The Board is also proposing to amend subsection (c) to require the funeral record to contain a copy of any correction made to the New Jersey Death Certificate by the funeral director. The Board believes that these changes are necessary to ensure that a registered mortuary's funeral record contains all relevant information and is as accurate as possible. The Board is proposing several amendments to N.J.A.C. 13:36-1.9, which requires licensees to complete a "Statement of Funeral Goods and Services Selected" form. The Board is proposing to amend N.J.A.C. 13:36-1.9(a) to clarify that the date funeral arrangements are made must be reflected on the Statement of Funeral Goods and Services Selected form. The Board notes that the date is actually already required to be on the form as it is referenced in other provisions of subsection (c), and also appears on the sample Statement of Funeral Goods and Services Selected form that the Board has codified in N.J.A.C. 13:36 Appendix. The proposed amendment will bring this section of the rule text in line with the form. The Board is also proposing to amend N.J.A.C. 13:36-1.9(d) to clarify that a practitioner may not include any charges for Category V cash disbursements in Optional Packaged Services on the form, in order to ensure that these charges, which are paid by the funeral provider to a third party on behalf of the purchaser, are accurately reflected on the Statement, so that consumers may readily see and understand such charges.

N.J.A.C. 13:36-1.10, which establishes guidelines for the operation, maintenance and use of mortuaries by licensees for the benefit of the anatomical associations of State medical schools, is proposed to be readopted with technical amendments to reflect the name and statutory citation for the newly adopted Revised Uniform Anatomical Gift Act, codified as N.J.S.A. 26:6-77 et seq. The substantive provisions of the rule remain unchanged.

Subchapter 2 sets forth the rules applicable to mortuary science students completing their practical internship. N.J.A.C. 13:36-2.1 delineates the qualifications for intern registration. The Board is proposing to amend the definition of "preceptor" contained in N.J.A.C. 13:36-2.1(a)1 to provide a cross-reference to existing Board rule N.J.A.C. 13:36-2.7 for clarification purposes. The proposed amendments define a preceptor as a practitioner of mortuary science who satisfies the requirements of N.J.A.C. 13:36-2.7. In addition, the Board is proposing to amend subsection (c) of the rule to delete the reference to "Fall and Spring semesters" because the Board is cognizant of the fact that many interns may complete their college studies utilizing other than the traditional Fall and Spring semester schedule. The proposed amendments provide that interns must attend college until the educational requirements of the rule are satisfied.

N.J.A.C. 13:36-2.2, which requires that all applications for internship registrations be requested in writing, is proposed to be readopted with an amendment to correct the current reference to "funeral home" to instead refer to "registered mortuary" as that term is used throughout the rules of Chapter 36. In addition, the Board is proposing to amend N.J.A.C. 13:36-2.2 to require an intern to report changes in the registered mortuary where they are working or in the preceptor who is supervising their training to the Board within five days. Timely notification of these changes is necessary to ensure that the Board's internship records are as accurate as possible.

N.J.A.C. 13:36-2.3, which provides that interns must assist in the embalming of at least 75 bodies and must participate in at least 75 funerals during the internship period, and N.J.A.C. 13:36-2.4, which requires an intern to carry an identification card issued by the Board, are proposed to be readopted without change. N.J.A.C. 13:36-2.5, which requires interns to complete and file with the Board monthly reports on all embalmings in which they assisted and all the funerals they have attended, and N.J.A.C. 13:36-2.6, which prohibits a licensee from granting credit to more than one student for the embalming of any one body, are also proposed to be readopted without change.

N.J.A.C. 13:36-2.7 concerns qualifications for the employment of interns. Currently, the rule provides that a practitioner of mortuary science shall not engage an intern unless, prior to such engagement, the practitioner's case volume during the previous calendar year is a minimum of 25 cases, not including still births. The Board is proposing to amend N.J.A.C. 13:36-2.7 to also require a practitioner of mortuary science seeking to act as a preceptor to hold a New Jersey license for at least two years. Preceptors are required to be New Jersey licensed funeral directors under the Mortuary Science Act at N.J.S.A. 45:7-49(2). The Board believes that requiring a funeral director to be licensed for at least [page=2733] two years before he or she may assume the duties of a preceptor will ensure that the funeral director has gained sufficient experience, such that he or she may provide an intern with proper instruction and training.

N.J.A.C. 13:36-2.8 requires an intern to submit a letter to the Board if he or she will be absent from the internship for more than 30 days. The Board is proposing to amend the rule to provide that such notification must be submitted to the Board within five days of the absence, in order to ensure that the Board receives prompt notifications regarding any disruptions in internship training and in order to ensure that its internship records are as accurate and detailed as possible.

N.J.A.C. 13:36-2.9 requires a preceptor to request a notice of termination form from the Board whenever an internship is terminated. N.J.A.C. 13:36-2.10 provides that an intern must return his or her identification card to the Board upon completion or termination of an internship. The Board is proposing that these rules be readopted without change. N.J.A.C. 13:36-2.11, which provides that a preceptor must file with the Board an affidavit recommendation form upon termination or completion of an internship, is being amended to require this form to be filed with the Board within five days of such action, in order to ensure that the Board receives timely notification of the internship completion of termination, so that it can update its records accordingly. N.J.A.C. 13:36-2.12, which provides that no intern shall be allowed to continue his or her internship period for more than three years, is proposed to be readopted without change. N.J.A.C. 13:36-2.13 remains reserved.

N.J.A.C. 13:36-2.14, which sets forth the preceptor's internship responsibilities, is proposed to be readopted with a clarifying amendment to paragraph (a)3. Currently, the provision requires, in part, that the intern receive training in facilitating funeral arrangements with the church. The proposed amendments expand the reference to church arrangements to also include arrangements with synagogues and mosques, as the failure to refer to them in the original rule was an oversight. The Board is proposing that N.J.A.C. 13:36-2.15, which provides that the failure to file any reports required by the rules in Subchapter 2 will be deemed professional misconduct, is proposed to be readopted without change.

Subchapter 3 sets forth the rules applicable to examinations and candidate qualifications. N.J.A.C. 13:36-3.1, which sets forth qualifications for licensure, is proposed to be readopted with an amendment to paragraph (a)4 to include a cross reference to the internship requirements of Subchapter 2 for clarification purposes. The Board is proposing that N.J.A.C. 13:36-3.2 through N.J.A.C. 13:36-3.8 be readopted without change. N.J.A.C. 13:36-3.2 concerns applications for the Mortuary Jurisprudence Examination. N.J.A.C. 13:36-3.3 and 3.4 are currently reserved. N.J.A.C. 13:36-3.5 concerns the grades that an applicant must obtain on the Mortuary Jurisprudence and National Board examinations. N.J.A.C. 13:36-3.6 establishes examination review procedures. N.J.A.C. 13:36-3.7 sets forth requirements for the practical examination administered by the Board. N.J.A.C. 13:36-3.8 concerns expiration of the Mortuary Jurisprudence and practical examination results.

The Board is proposing a new rule at N.J.A.C. 13:36-3.9, which provides that if a candidate for licensure fails to complete the application process within 18 months of the date of initial application, the Board will administratively close the application. If this occurs, a candidate making reapplication to the Board will be required to resubmit all necessary documentation and fees. The Board believes that by creating this 18-month window during which applications must be completed, it will be providing a reasonable incentive for applicants to complete the process in a timely manner, thereby allowing them to receive their licenses and begin practicing in New Jersey .

Subchapter 4 concerns procedures for license and certificate of registration renewal. N.J.A.C. 13:36-4.1 establishes the schedule for filing renewal applications and the procedures that must be followed for reinstatement. The Board is proposing to amend subsections (d), (e) and (f) of the rule to provide that a licensee or a mortuary owner seeking reinstatement following license or registration suspension for failure to renew must submit any outstanding penalties previously imposed by the Board. An applicant must also submit evidence of having satisfied any other requirements previously imposed by Board, so that the Board will have all relevant information available to it in making its decision concerning the applicant's request for reinstatement.

N.J.A.C. 13:36-4.2, which currently requires a licensee to notify the Board of his or her address, and N.J.A.C. 13:36-4.3, concerning legal name changes, are proposed to be readopted without change. N.J.A.C. 13:36-4.4, concerning the licensure of new mortuary establishments, is proposed to readopted with a clarifying amendment to subsection (c). Currently, subsection (c) permits a funeral home that has undergone inspection to operate with a temporary approval until a certificate of registration has been "issued" by the Board. The amendment clarifies that in such a situation, the funeral home may operate under the temporary approval until the certificate of registration is actually received by the funeral home.

N.J.A.C. 13:36-4.5, concerning changes in ownership, is proposed to be readopted without change. The Board is proposing that N.J.A.C. 13:36-4.6, which currently sets forth the requirements for a corporation's application for registration of a funeral establishment, be readopted with a minor amendment to correct a grammatical error in paragraph (a)4. N.J.A.C. 13:36-4.7, which sets forth what information must be included in a corporate applicant's charter, is proposed to be readopted without change.

N.J.A.C. 13:36-4.8 provides that all establishments authorized to carry on the practice of mortuary science must operate under the direct supervision of a full-time licensed manager. The rule also establishes procedures that must be followed when the manager is terminated. The Board is proposing to amend the rule to make these procedures applicable also in the case of manager resignation. The proposed amendments will help to ensure the effective operation of an establishment when a manager resignation occurs. N.J.A.C. 13:36-4.9, which prohibits any unlicensed person from actively engaging in the actual funeral arrangements, preservation or disposal of dead human bodies, is proposed to be readopted without change. N.J.A.C. 13:36-4.10 remains reserved. N.J.A.C. 13:36-4.11, which sets forth the application requirements for a funeral establishment operated under a trade name, is proposed to be readopted with a clarifying amendment to subsection (c) to correct the current reference to "trade name firm." As amended, the subsection refers instead to a "firm operating under a trade name." N.J.A.C. 13:36-4.12, which imposes requirements for continued operation of a funeral establishment when the sole proprietor of the establishment dies, and N.J.A.C. 13:36-4.13, which concerns the use of a registered mortuary by a practitioner other than the owner of the establishment, are proposed to be readopted without change.

The Board is proposing an amendment to N.J.A.C. 13:36-4.14, which concerns the election of active or inactive practice by licensees, to provide that a licensee who seeks to return to active practice following the election of inactive status must, in addition to the requirements currently set forth in the rule, submit an affidavit of employment listing each job held during the period of inactive licensure, consistent with the requirements of N.J.S.A. 45:1-7.2. N.J.A.C. 13:36-4.15, concerning licensure by credentials, and N.J.A.C. 13:36-4.16, which concerns the responsibilities of licensees and mortuary establishment owners, are proposed to be readopted without change.

Subchapter 5 sets forth the rules governing the administration of registered mortuaries. N.J.A.C. 13:36-5.1 requires the disclosure of the manager's name. Specifically, subsection (a) requires the manager's name to be conspicuously displayed on a sign near the main entrance to the establishment. Registrants are provided with the option of substituting the terms "senior director" or "executive director" for the term "manager" on the sign and in other forms of communication. The Board is proposing an amendment to subsection (a) to clarify that the firm must use one term only to refer to the manager and that this designated term must be used consistently on all firm communications. In addition, the Board is proposing to amend the rule to provide, in new subsection (d), that the designation of a licensee as the firm's "manager," "senior director" or "executive director" shall preclude the use of any of those terms by any other licensee employed by the registered mortuary. The Board believes that the proposed amendments are necessary to help avoid confusion and to help ensure that consumers have accurate information about those with whom they are dealing with when making funeral arrangements.

The Board is proposing additional amendments to N.J.A.C. 13:36-5.1(c). Currently, subsection (c) provides that if a licensee is retained as the manager of more than one registered mortuary, the licensee must pay [page=2734] for a duplicate license, which must be posted in the other establishment. The Board is proposing to eliminate this requirement in the case of a licensee employed by multiple funeral establishments that operate in the same location under N.J.A.C. 13:36-5.9. In such a situation, a licensee need only post one license in the facility shared by the multiple funeral homes. The Board is proposing that N.J.A.C. 13:36-5.2 through 5.11 be readopted without change. N.J.A.C. 13:36-5.2 concerns applications for specific locations and separate establishment facilities. N.J.A.C. 13:36-5.3 concerns transferability of registration certificates. N.J.A.C. 13:36-5.4 concerns the physical structure of the mortuary. N.J.A.C. 13:36-5.5 sets forth preparation room requirements. N.J.A.C. 13:36-5.6 delineates the equipment that must be maintained in a preparation or embalming room. N.J.A.C. 13:36-5.7 provides that all establishment owners and managers are responsible for ensuring that the potable water supply of the establishment is not open to contamination. N.J.A.C. 13:36-5.8 is reserved. N.J.A.C. 13:36-5.9 concerns multiple funeral establishments operating in the same location. N.J.A.C. 13:36-5.10 requires every funeral home, except a trade service, to display the establishment name near the main entrance. N.J.A.C. 13:36-5.11 concerns the use of a specific room for burial preparations.

N.J.A.C. 13:36-5.12 sets forth requirements regarding the advertising of professional services. The Board is proposing an amendment to subsection (k), which currently provides that an advertisement may include the name of an inactive licensee provided that the inactive licensee is not held out as the manager. The Board is proposing to amend the rule to clarify that the inactive licensee may not use any title or designation in the advertisement that implies that he or she holds an active license from the Board. Rather, inactive licensees must use titles or designations that contain the word "inactive." The Board believes that the proposed amendment is necessary to ensure that licensee advertisements are accurate and not misleading to members of the general public. N.J.A.C. 13:36-5.13 remains reserved. N.J.A.C. 13:36-5.14, which sets forth the rules that must be followed upon the permanent discontinuation of a funeral establishment, and N.J.A.C. 13:36-5.15, which prohibits a practitioner from allowing any unlicensed person to engage in the practice of mortuary science, are proposed to be readopted without change.

N.J.A.C. 13:36-5.16 requires a manager to notify the Board of any absence from the funeral establishment that will last more than 30 days. The Board is proposing several amendments to the rule in order to clarify and strengthen this notification requirement in order to ensure that the Board's funeral home records are as accurate as possible, and that it receives this information in a timely manner, so that it may be assured of the mortuary's continued operation. Proposed amendments to subsection (a) require both the manager and the owner of the registered mortuary to notify the Board of the manager's absence. The notification must be in writing and must be submitted within five days of the absence. The notification must also designate the licensee who will assume responsibility for the registered mortuary in the manager's absence. If the manager is also the owner of the establishment, a single written notification may be submitted with the required information. Under proposed new subsection (b), the designated licensee in charge retained by the owner of the registered mortuary must notify the Board in writing of his or her acceptance of the position within five days.

N.J.A.C. 13:36-5.17, concerning the removal of human remains, N.J.A.C. 13:36-5.18, which establishes requirements for the disposition of human remains and N.J.A.C. 13:36-5.19, which prohibits the use of registered mortuaries as a site for organ and tissue recovery, are proposed to be readopted without change. N.J.A.C. 13:36-5.20 remains reserved. N.J.A.C. 13:36-5.21, which requires disclosure of ownership information, is proposed to be readopted without change.

Subchapter 6 sets forth rules governing embalming procedures. The Board is proposing that N.J.A.C. 13:36-6.1 through 6.8 be readopted without change. N.J.A.C. 13:36-6.1 provides that the preparation for burial or other disposition of a dead body be performed in privacy. N.J.A.C. 13:36-6.2 requires all persons engaged in the actual embalming of a body to wear protective garments consistent with Occupational Safety and Health Administration (OSHA) regulations. N.J.A.C. 13:36-6.3 prohibits the use, for embalming purposes, of any fluid or compound that contains the substances referenced in the rule. N.J.A.C. 13:36-6.4 requires a mortuary to dispose of blood and excretions consistent with OSHA regulations and Centers for Disease Control (CDC) recommendations. N.J.A.C. 13:36-6.5 requires all receptacles containing embalming fluid or any poisonous or dangerous substances to be marked in compliance with OSHA requirements. N.J.A.C. 13:36-6.6 prohibits the embalming of a body where circumstances indicate that the death resulted from unnatural causes, unless the body has been released by the proper authorities. N.J.A.C. 13:36-6.7 prohibits an intern from embalming a body unless done under the supervision of a practitioner of mortuary science holding an active New Jersey license. N.J.A.C. 13:36-6.8 is reserved.

Subchapter 7 sets forth special rules of practice. The Board is proposing that N.J.A.C. 13:36-7.1, which establishes requirements for the handling and embalming of bodies with infectious or contagious diseases, be readopted without change.

Subchapter 8 establishes general rules of practice. The Board is proposing that the following rules in the subchapter be readopted without change: N.J.A.C. 13:36-8.1, which provides that all licensees must carry a current identification card; N.J.A.C. 13:36-8.2, which prohibits licensees from divulging any privacies, confidences or secrets discovered as a result of the practice of mortuary science; N.J.A.C. 13:36-8.3, which provides that all licensees must safeguard the public health and the dignity of the deceased in the performance of their duties; N.J.A.C. 13:36-8.4, which prohibits a licensee from engaging the services of any person other than his or her intern or another licensee to embalm a body; N.J.A.C. 13:36-8.5, which prohibits the unauthorized use of a practitioner's license; N.J.A.C. 13:36-8.6, concerning the use of business cards; N.J.A.C. 13:36-8.7, which concerns the authorized surrender of remains; N.J.A.C. 13:36-8.8, which prohibits a licensee from taking possession of, or embalming, remains without being authorized to do so by the appropriate authorities; N.J.A.C. 13:36-8.10, which requires a licensee to be present for internments, cremations and disinterments; N.J.A.C. 13:36-8.12, which sets forth public accommodation requirements; and N.J.A.C. 13:36-8.13, which concerns referral fees.

N.J.A.C. 13:36-8.9, which provides that no unlicensed person, except interns, may make funeral arrangements or quote funeral prices on behalf of a licensee, is proposed to be readopted with clarifying amendments. As amended, the rule continues to provide that only a licensee or an intern may quote prices in connection with a funeral service when funeral services are being made, but clarifies that the rule does not preclude the quotation of prices by a licensee or an intern when funeral arrangements are not being made. The Board is also proposing amendments to N.J.A.C. 13:36-8.11, which establishes the procedure that must be followed for a multiple burial in a coffin, casket or other container. Proposed amendments to paragraph (b)1 clarify that the decedent, or a person appointed by the decedent in a will to control the decedent's funeral disposition, may authorize multiple burial, consistent with the provisions of the New Jersey Cemetery Act of 2003. Proposed amendments to paragraph (b)2 clarify that in addition to the surviving spouse of the decedent, the surviving domestic partner or surviving civil union partner may authorize a multiple burial, consistent with the provisions of New Jersey 's domestic partnership and civil union laws.

Subchapter 9 concerns the prevention of unfair or deceptive acts and practices. N.J.A.C. 13:36-9.1 provides definitions for the words and terms used in the subchapter. The Board is proposing amendments to the definitions of "direct cremation," "funeral services" and "immediate burial" to clarify that such terms refer to dispositions or services conducted by a licensee under the direction of a registered mortuary in order to ensure that the definitions are accurate and consistent with the intended use of those terms throughout the rules of the subchapter. The Board is also proposing an amendment in N.J.A.C. 13:36-9.10 and 9.15 to update the terminology used in the rules concerning sales representations about the purchase of caskets for direct cremations. The rules provide that a funeral provider may not represent or require that a casket other than an unfinished wood box must be purchased for direct cremations. As amended, the rules refer to unfinished wood box or alternative container, consistent with the use of that term by the Federal Trade Commission rule on Funeral Industry Practices.

The Board is proposing that the remaining rules in Subchapter 9 be readopted without change. N.J.A.C. 13:36-9.2 provides that any violation [page=2735] of the rules of Subchapter 9 will be deemed professional misconduct. N.J.A.C. 13:36-9.3 provides that the failure to disclose required information will be deemed an unfair or deceptive practice. N.J.A.C. 13:36-9.4 requires licensees to disclose prices over the telephone. N.J.A.C. 13:36-9.5 and 9.6 concern casket and outer burial container price lists. N.J.A.C. 13:36-9.7 requires maintenance of a general price list.

N.J.A.C. 13:36-9.8 requires funeral providers to provide the Statement of Funeral Goods and Services Selected to each person who arranges a funeral or other disposition of human remains. N.J.A.C. 13:36-9.9, 9.10 and 9.11 establish requirements for the offering of goods and services relating to embalming, caskets for cremation and outer burial containers. N.J.A.C. 13:36-9.12 prohibits a licensee from representing that certain funeral goods or services are required to be purchased by a consumer under Federal, State or local law when such is not the case. N.J.A.C. 13:36-9.13 prohibits a licensee from representing that funeral goods have protective features when such is not the case. N.J.A.C. 13:36-9.14 requires any cash advance item to reflect the actual cost to the funeral provider. N.J.A.C. 13:36-9.16 prohibits a licensee from conditioning the provision of goods and services upon the purchase of other goods and services not requested by the person arranging the funeral. N.J.A.C. 13:36-9.17 prohibits a licensee from embalming a body for a fee unless State or local law requires embalming. N.J.A.C. 13:36-9.18 requires a licensee to retain various documents. N.J.A.C. 13:36-9.19 requires a licensee to make all disclosures to consumers in a clear and conspicuous manner.

Subchapter 10 sets forth the Board's rules concerning continuing education. N.J.A.C. 13:36-10.1, which sets forth the purpose and scope of the rules of the subchapter, and N.J.A.C. 13:36-10.2, which defines relevant terms and phrases used throughout the subchapter, are proposed to be readopted without change.

The Board is proposing various amendments to N.J.A.C. 13:36-10.3, which sets forth the minimum credit hours of continuing education required for biennial license renewal. N.J.A.C. 13:36-10.3 continues to require licensees to obtain 10 credit hours of continuing education in each biennial period. Proposed amendments to subsection (a) clarify that the continuing education requirements must be satisfied in every biennial licensing period. The Board believes that the current reference in the rule to "the preceding biennial period" could lead to confusion. In addition, the proposed amendments to subsection (b) clarify that the continuing education courses or programs licensees take must be Board approved, consistent with the existing requirement in N.J.A.C. 13:36-10.9(b), which provides that all courses submitted for credit by a licensee must have received either pre-approval or post-approval by the Board. Although the Board is not increasing the number of credit hours licensees must take, the proposed amendments to subsection (b) require licensees to obtain at least two credit hours in pre-need funeral arrangements, and at least three credit hours in funeral directing ethics and New Jersey mortuary law and rules, in each biennial period. The Board believes that this proposed change is necessary to ensure that licensees receive an adequate amount of continuing education in these two relevant areas of study. Such credits must be obtained in courses that require in-person attendance and include a post-course examination, which the Board believes will help to ensure that a license's continuing education in these subject areas is rigorous. In addition, a licensee will also be required to complete a course in applicable OSHA law and regulation in each biennial period, in order to ensure that a licensee's knowledge of OSHA requirements, which directly impact the practice of mortuary science, is up-to-date. The proposed amendments prohibit a licensee from claiming more than three hours in OSHA courses in any biennial period because the Board believe that the balance of a licensee's continuing education should be obtained in other relevant subject areas so that his or her continuing education is well-rounded. For the same reason, the proposed amendments to subsection (b) prohibit a licensee from obtaining more than three credit hours in each biennial period in courses or programs dealing with funeral merchandizing, such as caskets, outer burial containers and clothing.

Moreover, the Board has determined that a licensee should not be permitted to receive any continuing education credit for viewing exhibits at professional and/or technical meetings and conferences because these activities do not impart sufficient educational content, such as to qualify them as an appropriate mechanism for obtaining continuing education. Proposed amendments to subsection (b) of the rule also clarify that a licensee may only receive continuing education credit for a course or program one time per biennial licensing period in order to ensure that a license is taking a sufficient number of courses in different areas of study, so that his or her continuing education is well-rounded. The proposed amendments to subsection (c) clarify the Board's existing prohibition against carry over credits. Subsection (c) continues to prohibit licensees from carrying over from one biennial period into another any credits earned in excess of the required 10 credits.

N.J.A.C. 13:36-10.4, which establishes exemptions from the continuing education requirements of the subchapter, and N.J.A.C. 13:36-10.5, which concerns the waiver of continuing education requirements, are proposed to be readopted without change. N.J.A.C. 13:36-10.6, which establishes the Credentials Committee to assist the Board in creating guidelines and criteria for the approval of continuing education courses and seminars, and N.J.A.C. 13:36-10.7, which sets forth the criteria for continuing education programs, are also proposed to be readopted without change.

N.J.A.C. 13:36-10.8 provides a list of preapproved sources of continuing education credit. The Board is proposing to amend all reference to Board-accreditation of continuing education courses, to instead refer to Board approval of such courses, consistent with the terminology used in N.J.S.A. 45:7-72.2 of the Mortuary Science Act. The Board is also proposing amendments to the requirements for obtaining continuing education for teaching or instructional activities under N.J.A.C. 13:36-10.8(a)5. The proposed amendments limit the granting of continuing education credit for teaching and instructional activities to new courses or programs, in order to ensure that such activities impact sufficient educational content to justify the granting of continuing education credit. A "new" course or program is defined as a course or program that the licensee has never taught before in an education or practical setting. The proposed amendments also limit the number of credits licensees may obtain of teaching and instructional activities to three credits per biennial period in order to ensure that licensees obtain an adequate number of continuing education credits in courses that are relevant to the practice of mortuary science.

N.J.A.C. 13:36-10.9 sets forth the procedure for approval of continuing education course or program offerings. Subsection (a) provides that a continuing education provider may obtain pre-approval for a course or program offering. The Board is proposing to amend subsection (a) to define the term "continuing education provider" to mean the person or entity that determines the time, date, location and speaker for a course or program, in order to eliminate the confusion that exists concerning the course speaker's role in obtaining the necessary approval. The Board is also proposing to amend subsection (a) to provide that Board approval of a continuing education course or program shall be valid only for the biennial period in which the approval has been obtained. A provider must resubmit the course for Board review if he or she wishes to offer the course in another biennial period in order to ensure that the course content is current and that the course will impart relevant information.

In addition, the rule currently permits providers to apply to the Board for approval of a course up to six months following the course offering. The Board is proposing to amend this provision to limit the time frame within which a provider may obtain post-course approval to no more than 60 days following the offering. The Board believes this 60-day timeframe is necessary to ensure that licensees who take such a course will have adequate time during the biennial period to take additional courses if the provider's course that they attended is not approved. The Board is proposing a similar amendment to subsection (b), making the 60-day timeframe for post-course approval also applicable to licensees who attend, and seek credit for, previously unapproved courses.

Proposed new subsections (d), (e) and (f) require continuing education providers to submit to the Board any changes to an approved course that involves course content, hours of instruction and/or lecturer for re-review and re-approval by the Board, in order to ensure the continued quality of the course. Any changes in course date, time and location for an approved course will require Board-notification, so the Board may update its records in order to provide licensees with accurate course information if [page=2736] requested, but will not require re-approval by the Board. A provider must maintain all records relating to approved courses or programs for two biennial licensing periods and must provide such documentation to the Board upon request, consistent with the recordkeeping requirements under existing rule N.J.A.C. 13:36-10.10 imposed on licensees attending the courses. A provider must also issue certificates of completion or other comparable documents to course attendees, so that licensees will be able to maintain accurate continuing education records.

Subchapter 11 sets forth the rules applicable to licensees and registered mortuaries providing prepaid funeral arrangements. N.J.A.C. 13:36-11.1 sets forth the definitions of relevant terms and phrases used throughout the subchapter. The Board is proposing to amend the definitions of "deliver" and "funeral arrangements" to clarify that the terms "purchaser" and "provider," as these terms are used in the definitions, refer to those terms as they are currently defined in the section. The Board is also proposing an amendment to the definition of "preneed funeral arrangements" to clarify that the definition refers to arrangements made by a provider, as that term is defined in the subchapter.

N.J.A.C. 13:36-11.2 requires a licensee to provide the purchaser of a preneed arrangement with a prepaid funeral agreement, a Statement of Funeral Goods and Services Selected and a valid price list and to complete a separate Statement of Funeral Goods and Services Selected when at need funeral arrangements are made for the intended funeral recipient of the preneed funeral arrangement. The Board is proposing to amend N.J.A.C. 13:36-11.2 to also require the provider to complete a separate Statement of Funeral Goods and Services Selected form when a revocable prepaid funeral agreement becomes irrevocable and changes to the agreement are necessary under the irrevocable agreements rule in N.J.A.C. 13:36-11.6, to ensure that the purchaser has accurate information concerning the agreement.

The Board is proposing to amend N.J.A.C. 13:36-11.3, which sets forth the contents of prepaid funeral agreements, to clarify, in both the heading and text of the rule, that the prepaid funeral arrangements referred to in the rule are, in fact, revocable agreements. When irrevocable trusts or insurance policies are referenced in the rule, the Board is proposing to add a cross-reference to existing rule N.J.A.C. 13:36-11.6, which established requirements for irrevocable funeral arrangements, for clarification purposes.

The Board is proposing that all other rules in Subchapter 11 be readopted without change. N.J.A.C. 13:36-11.4 delineates requirements applicable to prepaid funeral agreements funded by funeral insurance policies. N.J.A.C. 13:36-11.5 concerns funeral trusts converted into funeral insurance policies. N.J.A.C. 13:36-11.6 sets forth the requirements for irrevocable funeral agreements. N.J.A.C. 13:36-11.7 concerns pooled trusts accounts. N.J.A.C. 13:36-11.8 provides for commissions on pooled trust accounts. N.J.A.C. 13:36-11.9 concerns the application of interest income. N.J.A.C. 13:36-11.10 requires a licensee to provide a purchaser with any periodic statements received from the trustee of the trust, reflecting the amount of the principal and accrued interest, if any. N.J.A.C. 13:36-11.11 provides that all documentation to be signed by the purchaser must be completed and signed by the provider prior to the purchaser's signature. N.J.A.C. 13:36-11.12 prohibits the commingling of preneed funds. N.J.A.C. 13:36-11.13 concerns the return of prepaid moneys upon a revocation or an impossibility of performance, or the transfer of arrangements. N.J.A.C. 13:36-11.14 delineates other prohibited acts and practices associated with preneed agreements. N.J.A.C. 13:36-11.15 concerns aiding and abetting and vicarious liability for actions that violate the preneed arrangement rules. N.J.A.C. 13:36-11.16 sets forth requirements for maintaining a preneed ledger and other records associated with active prepaid funeral agreements. N.J.A.C. 13:36-11.17 sets forth the circumstances under which the Board must be provided with a copy of the preneed ledger. N.J.A.C. 13:36-11.18 requires notification to the owners of all prepaid funeral agreements whenever there is a transfer of ownership. N.J.A.C. 13:36-11.19 concerns notifications of dissolution or bankruptcy.

The Board is proposing that N.J.A.C. 13:36 Appendix, which contains a Statement of Funeral Goods and Services Selected form, which is incorporated by reference pursuant to N.J.A.C. 13:36-1.9, be readopted without change.

The Board has provided a 60-day comment period for this notice of proposal, therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The Board believes that the existing rules, which have been in effect for the past five years, have protected the health, safety and welfare of the citizens of New Jersey by identifying those individuals who are qualified and legally authorized to engage in the practice of mortuary science. These rules establish the requisite standards of licensure in the State and positively affect the regulated community by clarifying the varied aspects of the practice of mortuary science for the benefit of all licensed practitioners, establishment owners and applicants for licensure. The readoption of N.J.A.C. 13:36 is essential in order for the Board to continue to regulate the practice of mortuary science, to identify those individuals who are qualified to engage in the practice of mortuary science and to ensure that every licensed practitioner, registered mortuary and applicant for licensure is aware of the procedures involved with licensure.

The readoption of N.J.A.C. 13:36 continues the accepted standards of the practice of mortuary science established by the Board, and by so doing, provides licensed practitioners, registered mortuaries and applicants for licensure with a clear and comprehensive set of rules to guide them in their professional practice. Applicants for licensure will benefit by having a set of rules that govern the manner in which they may qualify for licensure. The Board also believes that licensees will benefit from the readoption, as a result of the uniform standards that will be applied throughout the profession. Registered mortuaries will benefit by having clear and comprehensive standards that govern the operation and maintenance of all funeral establishments.

The Board also believes that the rules proposed for readoption will have a positive impact upon the general public by continuing to safeguard public health and safety by ensuring the maintenance of professional practice standards, which will enable licensees and registered mortuaries to provide the highest quality professional services in the practice of mortuary science.

The Board also believes that the proposed amendments to Chapter 36 and the proposed new rule will have a positive impact upon the licensed community and upon the consumers they serve. Specifically, the Board believes that the proposed amendments to N.J.A.C. 13:36-1.8 and 1.9 will help clarify for licensees their recordkeeping obligations and will help to ensure that registered mortuaries' records are as complete and accurate as possible. The Board believes that the proposed amendments to N.J.A.C. 13:36-2.7, which require practitioners of mortuary science to be actively licensed for a minimum of two years prior to becoming an intern preceptor, will help ensure that interns receive adequate instruction in the practice of mortuary science in New Jersey. The Board also believes that proposed new rule N.J.A.C. 13:36-3.9 will have a positive impact upon candidates for licensure by encouraging candidates to complete the licensure application process in a timely manner.

The Board believes that the proposed amendments to N.J.A.C. 13:36-4.8, which require the owner of a registered mortuary to notify the Board when the manager resigns and to act quickly to hire a replacement, will have a positive impact on owners and members of the general public by helping to ensure the continued operation of registered mortuaries under such circumstances. The Board also believes that the proposed amendments to N.J.A.C. 13:36-5.1, which require a funeral establishment to designate one term to refer to the establishment's manager and limits the use of other titles for employees, will have a positive impact upon consumers by clearly identifying the licensee in charge of the establishment. Similarly, the Board believes that the proposed amendment to N.J.A.C. 13:36-5.12, requiring inactive licensees to disclose their inactive status on all advertisements, will benefit consumers by providing them with accurate information. The proposed amendments to N.J.A.C. 13:36-5.16, which require notification to the Board when a manager will be absent, will have a positive impact upon registered [page=2737] mortuaries and consumers by helping to ensure that continued operation of an establishment when the manager will be away for more than 30 days.

The Board believes that the proposed amendments to the continuing education requirements in N.J.A.C. 13:36-10.3 and 10.8 will help to ensure that the continuing education licensees receive is comprehensive and well-rounded, thereby benefiting the consumers they serve. In addition, the Board believes that the proposed amendments to N.J.A.C. 13:36-10.9 will have a positive impact upon providers of continuing education courses and programs by helping to clarify their responsibilities with respect to notifying the Board of changes to previously approved courses and programs, as well as the provider's recordkeeping and documentation obligations.

The proposed amendments to N.J.A.C. 13:36-11.3 may have a positive impact upon licensees, establishment owners and consumers by clarifying the rights and responsibilities of the parties in connection with the execution of prepaid funeral arrangements.

Economic Impact

The Board anticipates that the rules proposed for readoption with amendments and the proposed new rule will not impose any significant new costs upon practitioners of mortuary science, certificate of registration holders, applicants, or consumers. The existing rules will continue the economic impact that the rules have had on such persons for the past five years.

The rules in Subchapter 1 will continue to have an economic impact upon applicants for licensure, licensees and establishment owners to the extent that such persons will be required to remit to the Board the fees specified in N.J.A.C. 13:36-1.6.

The rules in Subchapter 2 will continue to have an economic impact upon those applicants for licensure who are completing the required period of internship and also upon licensees who serve as intern preceptors to the extent that interns and licensees will incur administrative costs associated with applying to the Board for internship approval and in submitting the documentation required for periodic Board review.

Subchapter 3 outlines the rules applicable to the licensing examinations. The proposed readoption of the rules in Subchapter 3 will continue to have an economic impact upon applicants for licensure to the extent that applicants will incur costs associated with passing the required licensure examinations, and in submitting the required licensure application and supporting materials to the Board for its review.

The proposed readoption of the rules in Subchapter 4, which sets forth the requirements concerning license and registration renewals, will continue to have an economic impact upon licensees to the extent that licensees will incur costs associated with renewing their licenses and with notifying the Board of any change in their personal or professional information on file with the Board. In addition, the proposed readoption of the rules in this subchapter will continue to have an economic impact upon establishment owners to the extent that applicants for certificates of registration will incur costs associated with submitting the required application and supporting materials to the Board for its review. Establishment owners will also be economically impacted as a result of the proposed readoption of the rules in Subchapter 4 to the extent that they incur costs associated with notifying the Board of any changes in ownership or location of the permitted establishment.

The proposed readoption of the rules in Subchapter 5 will continue to have an economic impact upon establishment owners to the extent that mortuaries may only operate consistent with the requirements set forth in the rules. Establishment owners will be economically impacted as a result of the readoption of the rules in this subchapter to the extent that they incur costs associated with ensuring compliance with the facility, equipment, personnel, advertising and operational requirements imposed under the rules.

The proposed readoption of the rules in Subchapters 6 and 7 will continue to have an economic impact upon establishment owners to the extent that they incur costs associated with ensuring compliance with the embalming procedures established throughout Subchapter 6, and with the procedures established for the handling of bodies of decedents that have died from an infectious or contagious disease set forth in Subchapter 7.

The proposed readoption of the rules in Subchapter 8 will continue to have an economic impact upon licensees and establishment owners to the extent that the rules prohibit licensees and owners from employing any unlicensed persons, other than interns, to perform embalming procedures or to engage in the management of the funeral establishment.

The proposed readoption of the rules in Subchapter 9 will continue to have an economic impact upon licensees and establishment owners to the extent that licensees and owners are prohibited from engaging in any of the business practices deemed unfair or deceptive. In addition, establishment owners will continue to be economically impacted by the readoption of the rules in Subchapter 9 to the extent that they incur administrative costs associated with maintaining the various price lists which are required to be provided to consumers.

The proposed readoption of the rules in Subchapter 10 will continue to have an economic impact upon licensees to the extent that they will incur costs associated with satisfying the continuing education requirements set forth in the subchapter. The proposed readoption of the rules in Subchapter 10 will also have an economic impact upon continuing education courses or programs providers to the extent that they will incur administrative expenses associated with submitting the documentation required to obtain Board approval for their courses or programs.

The proposed readoption of the rules in Subchapter 11 will continue to impose economic costs upon establishment owners that offer preneed funeral arrangements to the extent that they will incur costs associated with ensuring compliance with preneed funeral arrangement content, management and execution requirements established throughout the subchapter.

The Board does not anticipate any new or additional economic impact that may be imposed on licensees, registered mortuaries or consumers as a result of the amendments and the new rule it is proposing at this time, with the exception of the following. The proposed amendment to N.J.A.C. 13:36-2.7, which requires a preceptor to hold an active New Jersey license for at least two years, may have an economic impact upon licensees who do not possess the requisite years of licensure. Such licensees will be precluded from employing interns until they have been licensed for two years.

Proposed new rule N.J.A.C. 13:36-3.9 may have an economic impact on candidates for licensure who fail to complete the application process within 18 months, resulting in the Board administratively closing their applications. Such applicants will be required to reapply to the Board, and must resubmit all required documentation and application fees. The Board believes that the proposed amendments to N.J.A.C. 13:36-4.1 may have an economic impact upon applicants applying for reinstatement following license suspension for failure to renew. The proposed amendments require such applicants to submit payment of any outstanding penalties imposed by the Board and to satisfy any other requirements imposed by the Board prior to having their applications for reinstatement reviewed.

The proposed amendments to N.J.A.C. 13:36-4.8 may have an economic impact upon owners of registered mortuaries to the extent that they may incur administrative expenses associated with complying with the notification requirements outlined in the rule when the manager of an establishment resigns. The Board believes that the proposed amendments to N.J.A.C. 13:36-5.1 may also have an economic impact upon owners of some registered mortuaries to the extent that the proposed amendments, which limit the use of titles, may require funeral establishment signs, letterhead and other advertisements to be changed if a mortuary currently permits multiple employees to utilize the terms "manager," "senior director" and/or "executive director" or allows a single employee to utilize multiple designations. However, the Board notes that the proposed amendment to N.J.A.C. 13:36-5.1, which makes the requirement to obtain a duplicate license for posting in each funeral home in which a licensee is employed inapplicable to licensees employed by multiple funeral homes operating in the same location, may result in a cost savings for such licensees. Such licensees will no longer be required to pay a fee to obtain a duplicate license.

The proposed amendment to N.J.A.C. 13:36-5.12 may also have an economic impact upon inactive licensees and the owner of the registered mortuary to the extent that any firm advertisement that contains the name of the inactive licensee must be modified to include a reference to the fact [page=2738] that the licensee is inactive. The proposed amendments to N.J.A.C. 13:36-5.16 may have an economic impact upon the manager and the owner of a registered mortuary to the extent that they may incur administrative expenses associated with notifying the Board regarding the manager's absence from the establishment.

The Board's proposed amendments to the continuing education requirements in N.J.A.C. 13:36-10.3 and 10.4 may have an economic impact upon licensees to the extent that licensees may incur costs in obtaining the required number of continuing education credits in the courses and programs specifically delineated in the rules, although the Board notes that the required number of continuing education credits currently required remains unchanged. Licensees may also experience an economic impact as a result of the proposed amendments to N.J.A.C. 13:36-10.8 to the extent that the proposed amendments limit the credits that may be claimed by a licensee for teaching and instructional activities. The proposed amendments to N.J.A.C. 13:36-10.9 may have an economic impact upon continuing education providers to the extent that providers may incur costs associated with submitting required documentation to the Board, maintaining records and in providing certificates of completion to course attendees.

The proposed amendments to N.J.A.C. 13:36-11.2 may have an economic impact upon registered mortuaries to the extent that they may incur administrative expenses associated with completing a separate Statement of Funeral Goods and Services Selected when a revocable prepaid funeral agreement becomes irrevocable and changes to the agreement are necessary to ensure compliance with the specific irrevocable agreement requirements.

The Board believes that any costs that may be borne by members of the regulated community as a result of the rules proposed for readoption with amendments and proposed new rule will be outweighed by the benefit to consumers in ensuring that mortuary services are provided by qualified professionals consistent with the professional practice and establishment standards delineated in the rules.

Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for readoption with amendments and proposed new rule are governed by N.J.S.A. 45:7-32 et seq., and are not subject to any Federal standards or requirements. Although the rules in N.J.A.C. 13:36 are not subject to any Federal requirements or standards, where deemed appropriate, the Board has incorporated Federal standards. Specifically, N.J.A.C. 13:36-6.2 requires all persons engaged in the embalming of a dead human body to be outfitted in protective apparel in compliance with OSHA requirements as outlined in 29 CFR 1910.1030. Similarly, N.J.A.C. 13:36-6.4 requires all practitioners to dispose of blood and excretions of a dead human body pursuant to OSHA requirements outlined in 29 CFR 1910.1030. N.J.A.C. 13:36-6.5 provides that all receptacles containing embalming fluid, formaldehyde or other poisonous or dangerous substances be plainly marked in compliance with 29 CFR 1910.1048. N.J.A.C. 13:36-7.1, which concerns the handling and embalming of bodies dead as a result of an infectious or contagious disease, provides that all personnel must comply with OSHA regulations set forth at 29 CFR 1910.1030 and that all fluids or other matters removed from such a body during the embalming process must be disposed of in accordance with all applicable Federal laws governing medical and infectious waste.

The rules of Subchapter 9 also incorporate many of the requirements of the Federal Trade Commission's rules on funeral practice set forth at 16 CFR 453.1 through 453.5, governing disclosures required on the Statement of Funeral Goods and Services Selected, general price list, outer burial container price list, and casket price list.

Licensees will also be required to take a course on OSHA laws and regulations under the proposed amendments to the Board's continuing education requirements in N.J.A.C. 13:36-10.3.

Jobs Impact

The Board does not anticipate that the rules proposed for readoption with amendments and proposed new rule will result in an increase or decrease in the number of jobs in the State.

Agriculture Impact Statement

The Board does not believe that the rules proposed for readoption with amendments or proposed new rule will have any impact upon the agriculture industry in the State.

Regulatory Flexibility Analysis

Currently, the Board licenses approximately 1,700 practitioners of mortuary science and registers approximately 720 mortuaries. If Board licensees and registrants are considered "small businesses," within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies.

The rules proposed for readoption with amendments and proposed new rule will impose various reporting, recordkeeping and compliance requirements on licensees and registrants. These requirements are discussed in the Summary above.

No additional professional services will be needed to comply with the rules proposed for readoption with amendments and proposed new rule. In addition, the Board does not believe that there will be any significant, additional economic impact upon licensees and registrants as a result of the rules proposed for readoption with amendments and proposed new rule. The costs of compliance with the rules proposed for readoption with amendments and proposed new rule are discussed in the Economic Impact statement above. The Board believes that the rules proposed for readoption with amendments and proposed new rule should be uniformly applied to all licensed practitioners of mortuary science and all owners of registered mortuaries in order to ensure the health, safety and welfare of the general public in the provision of mortuary services. Therefore, no differing compliance requirements for any licensees or registrants are provided based upon the size of the business.

Smart Growth Impact

The Board does not believe that the rules proposed for readoption with amendments and proposed new rule will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Housing Affordability Impact

The rules proposed for readoption with amendments and proposed new rule will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the rules proposed for readoption with amendments and proposed new rule concern the practice of mortuary science.

Smart Growth Development Impact

The rules proposed for readoption with amendments and proposed new rule will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2 or within designated centers under the State Development and Redevelopment Plan in New Jersey because the rules proposed for readoption with amendments and proposed new rule concern the practice of mortuary science.

Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:36.

Full text of the proposed amendments and new rule follows (additions indicated in boldface thus ; deletions indicated in brackets [thus]):

SUBCHAPTER 1. ADMINISTRATION

13:36-1.3 Board meetings

(a) (No change.)

(b) Regular monthly meetings shall be held in accordance with a published schedule of meetings. Special meetings of the Board may be called by the President upon reasonable notice being given to the members. In the event of unavailability of the President for illness or otherwise, three members of the Board shall have the power to call a special meeting in cases of emergency.

13:36-1.8 Recordkeeping

(a)-(b) (No change.)

(c) Such records shall include the following , if applicable:

1.-2. (No change.)

[page=2739] 3. The name and address of any church, synagogue , mosque and/or clergy who participated in the funeral service and who received any offering or honorarium, and the amount thereof, if paid by the funeral home;

4.-6. (No change.)

7. A copy of the completed New Jersey Death Certificate, which includes the final cause of death, if the death occurred in the State, or if the death occurred outside of the State, a copy of the burial or transit papers or other final disposition documents; [and]

8. A copy of any correction made to the New Jersey Death Certificate by the funeral director; and

[8.] 9. (No change in text.)

13:36-1.9 Statement of Funeral Goods and Services Selected

(a) When making preneed and/or at need funeral arrangements, as defined in N.J.A.C. 13:36-11.1, the practitioner shall compile a Statement of Funeral Goods and Services Selected. The statement shall be on a pre-printed, single-sided sheet of paper that is at least 8 1/2 inches by 11 inches, but no more than 8 1/2 inches by 14 inches, and shall include at least the following information:

1.-2. (No change.)

3. The name and address of the consumer making the funeral arrangements and the date the arrangements are made ;

4.-8. (No change.)

(b)-(c) (No change.)

(d) A practitioner who offers the Optional Packaged Services and has that offer accepted by a consumer shall not be required to detail the charges for Categories I through III set forth in (c) above , which are then not applicable. It shall not be mandatory for practitioners to include the category of "Optional Packaged Services" on the Statement of Funeral Goods and Services Selected if they do not offer for sale the services of Direct Cremation, Immediate Burial, Forwarding of Remains and/or Receiving of Remains or to include the "Package Reduction" category, if this category is not utilized by practitioners. A practitioner shall not include any charges for Category V cash disbursements in any Optional Packaged Services.

(e)-(g) (No change.)

13:36-1.10 Limited exemption for anatomical associations of a medical school established and operated by the State of New Jersey for the acceptance and disposition of human remains donated pursuant to the Revised Uniform Anatomical Gift Act

(a) The provisions of this section shall apply to the operation, maintenance and use of mortuaries by licensed practitioners of mortuary science for the benefit of anatomical associations of medical schools established and operated by the State of New Jersey, which association is the vehicle for the acceptance and disposition of human remains donated pursuant to the Revised Uniform Anatomical Gift Act, N.J.S.A. 26:6-[57] 77 et seq., for the purpose of medical research and education.

(b)-(e) (No change.)

SUBCHAPTER 2. INTERNS

13:36-2.1 Qualification for intern registration

(a) The following words and terms, when used in this section, have the following meaning, unless the context clearly indicates otherwise:

1. "Preceptor" means a [duly licensed] practitioner of mortuary science who satisfies the requirements of N.J.A.C. 13:36-2.7 and who is responsible for the supervision of an intern during the intern's practical training period.

2.-4. (No change.)

(b) (No change.)

(c) An intern who is registered while concurrently attending college to complete the two-year or three-year academic educational licensure requirement shall:

1. Attend college [in the Fall and Spring semester of each year] until the requirement is met[.] ;

2. Achieve a minimum of eight degree program credits per [semester] academic term with a minimum cumulative average of 2.0 or its academic equivalent throughout the concurrent registration program. A person who receives less than a 2.0 cumulative average, carries less than the minimum of eight degree program credits at any time during the [semester] academic term , or who takes more than one remedial or basic course per [semester] academic term shall have his or her internship terminated unless good cause is established for the continuation of the internship. The intern shall submit a written request to the Board , which shall establish good cause for extension of his or her internship[.] ;

3. Have an official transcript of credits forwarded directly to the Board by the institution being attended immediately at the completion of every [semester.] academic term; and

4. (No change.)

(d)-(f) (No change.)

13:36-2.2 Request for application

An application for intern registration shall be requested, in writing, by the prospective intern's preceptor. Upon receipt of the request, an application shall be issued. The application shall be executed by the preceptor and intern and certified in affidavit form, and returned to the Board office immediately. A completed application form shall contain information concerning the prospective intern's educational background, the name and address of the [funeral home] registered mortuary where the prospective intern will be registered[,] and the name and license number of the preceptor. An applicant shall report any changes in this information to the Board within five days. A prospective intern shall also submit two passport-size photographs with his or her application for registration.

No [licensed] practitioner of mortuary science shall engage an intern unless, prior to such engagement, the practitioner holds an active New Jersey license for at least two years and the practitioner's case volume during the previous calendar year is a minimum of 25 cases , which shall not include stillbirths.

13:36-2.8 Absence from training

If for any reason it becomes necessary for an intern to absent himself or herself during his or her internship for a period longer than 30 days, the intern [must] shall submit to the Board in letter form the reason for his or her absence and the length of time he or she intends to be away. Such written notification shall be provided to the Board with five days of the absence.

13:36-2.11 Affidavit recommendation form

(a) Upon termination or completion of an internship, or change in registered mortuaries by an intern, an affidavit recommendation form shall be filed with the Board within five days of such action . Any preceptor who refuses to certify any intern for the internship served under his or her supervision shall furnish the Board with a statement under oath setting forth the reasons for such refusal. If not satisfied with such statement, the Board may take such action as it may deem proper.

(b) (No change.)

13:36-2.14 Preceptors' responsibility for training

(a) The preceptor shall ensure that interns are thoroughly trained in the theory and practice of mortuary science, and the laws, rules and regulations pertaining thereto, and are proficient in the following areas:

1.-2. (No change.)

3. Ordering and pricing funeral merchandise, including facilitating the arrangement of flowers, arranging for and coordinating a schedule for the clergy[man], church, synagogue, mosque, crematory or cemetery, livery, pallbearers, visitation of various organizations, transportation by common carrier[,] and delivery of outer enclosures to the cemetery; and

4. (No change.)

SUBCHAPTER 3. EXAMINATIONS AND CANDIDATE QUALIFICATIONS

13:36-3.1 Qualifications for licensure

(a) In order to be eligible for licensure, a candidate first shall submit to the Board the following:

1.-3. (No change.)

[page=2740] 4. A certificate from a preceptor in this State , which shows that the candidate has served a one-year or two-year period of practical training as an intern under the preceptor, pursuant to the provisions of N.J.S.A. 45:7-49(a)(2) and the requirements of N.J.A.C. 13:36-2 ;

5.-8. (No change.)

13:36-3.9 Failure to complete application process

If a candidate for licensure fails to complete the application process within 18 months of the date of initial application, the Board shall administratively close the application. Following such action, an applicant making reapplication to the Board shall resubmit all required documentation and the applicable application fee set forth at N.J.A.C. 13:36-1.6.

(d) A licensee seeking reinstatement within five years following the suspension of a license pursuant to (a) above shall submit the following to the Board:

1.-2. (No change.)

3. Payment of a reinstatement fee as set forth in N.J.A.C. 13:36-1.6; [and]

4. Payment of any outstanding penalties and evidence of satisfaction of other requirements imposed by an order of the Board; and

[4.] 5. (No change in text.)

(e) A licensee seeking reinstatement more than five years following the suspension of a license pursuant to (a) above shall:

1. - 5. (No change.)

6. Submit payment of a reinstatement fee as set forth in N.J.A.C. 13:36-1.6; [and]

7. Submit payment of any outstanding penalties and evidence of satisfaction of other requirements imposed by an order of the Board; and

[7.] 8. (No change in text.)

(f) An owner seeking reinstatement following the suspension of a certificate of registration pursuant to (a) above shall:

1. (No change.)

2. Submit payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:36-1.6; [and]

3. Submit payment of a reinstatement fee as set forth in N.J.A.C. 13:36-1.6[.] ; and

4. Submit payment of any outstanding penalties and evidence of satisfaction of other requirements imposed by an order of the Board.

13:36-4.4 New installations

(a)-(b) (No change.)

(c) When the new installation inspection is made, temporary approval may be granted to operate until a certificate of registration is [issued] received provided the mortuary satisfies all applicable requirements set forth in this chapter and the provisions of the Mortuary Science Act, N.J.S.A. 45:7-32 et seq.

13:36-4.6 Registration of mortuary

(a) Applications for registration of a funeral establishment to be operated by a corporation, a partnership, a limited liability partnership, a limited liability company or other business entity shall be accompanied by the fee provided in N.J.A.C. 13:36-1.6 and by:

1.-3. (No change.)

4. In the case of corporations, [the] an original certificate of good standing from the State of New Jersey ;

(a) Every establishment authorized to carry on the practice of mortuary science[,] shall be under the direct supervision of a full-time licensed manager.

(b) (No change.)

(c) Whenever the [manager's services are] manager is terminated or resigns , the owner of the registered mortuary shall retain the services of a licensed practitioner of mortuary science who shall be responsible for directing, managing and controlling all work performed by the establishment until such time as the manager is permanently replaced by another manager. That licensee shall be known as the licensee in charge. The owner of the mortuary shall notify the Board, in writing, within five business days of the termination or resignation, of the name and license number of the licensee in charge.

(d) Whenever the [manager's services are] manager is terminated or resigns , the owner[,] and the manager or licensee in charge shall provide the new manager with the records of prepaid funeral agreements required to be maintained pursuant to N.J.A.C. 13:36-11.16 no later than 10 days prior to such change, or as soon thereafter as mutually agreed upon by the parties. The owner[,] and the manager or the licensee in charge shall notify the Board of compliance with this subsection at the same time that he or she files the notice of change in manager with the Board.

(e) Except as set forth in (f) below, the licensee in charge shall , within 30 days of the previous manager's termination [of the previous manager's services] or resignation, give notice to the Board of the name of the newly designated manager and, at that time, the newly designated manager shall submit to the Board the following:

1.-3. (No change.)

(f) The licensee in charge may , within 30 days of previous manager's termination [of the previous manager's services] or resignation, submit to the Board documented evidence of hardship or extenuating circumstance. The Board, if it deems such evidence acceptable, may grant the registered mortuary an extension of time up to, but not exceeding, six months after the termination or resignation of the former manager in which to secure the services of a new manager.

13:36-4.11 Trade names

(a)-(b) (No change.)

(c) The firm operating under a trade name [firm] shall forward to the Board the name of the full-time manager in charge. The manager shall also forward to the Board an affidavit stating he or she accepts said position.

(d) (No change.)

13:36-4.14 Active or inactive status; unauthorized practice as professional misconduct

(a)-(b) (No change.)

(c) A licensee who elects inactive paid or inactive unpaid status shall remain inactive for the entire biennial period unless the Board permits the inactive licensee to return to active status upon submission of evidence to the Board of having completed the continuing education requirements set forth at N.J.A.C. 13:36-10.11(b) and upon submission of a renewal application and the renewal fee for the current biennial registration period as set forth in N.J.A.C. 13:36-1.6. The renewal application shall include an affidavit of employment listing each job held during the period of inactive licensure, including the names, addresses and telephone numbers of each employer.

(d)-(e) (No change.)

SUBCHAPTER 5. MORTUARIES

13:36-5.1 Disclosure of manager name; posting of manager license

(a) The name of the manager shall be conspicuously displayed with the title "manager" on a sign at or about the main entrance of the funeral establishment or on the firm sign, provided, however, that at the option of the firm, the term "senior director" or "executive director" may be substituted for "manager." The firm shall utilize one term only to refer to the manager and such designated term shall be used consistently on all firm communications consistent with the requirements of (b) below. [This] The sign shall contain legible letters that are no less than 1 1/2 inches in height.

(b) The name and license number of the manager shall appear with the designated title "manager," "senior director" or "executive director" on all stationery, billheads, advertising, price lists[,] and in all other [page=2741] instances where the firm name is used, consistent with the requirements of N.J.A.C. 13:36-5.12.

(c) The license of the manager shall be conspicuously displayed in the registered mortuary as required pursuant to N.J.S.A. 45:7-61. If a licensee is retained as the manager of more than one registered mortuary, the licensee shall obtain a duplicate license for posting in such other establishments from the Board upon payment of the duplicate license fee provided in N.J.A.C. 13:36-1.6. The requirement to obtain a duplicate license shall not apply in the case of a licensee employed by multiple funeral establishments operating in the same location pursuant to N.J.A.C. 13:36-5.9.

(d) The designation of a licensee by a registered mortuary as the firm's "manager," "senior director" or "executive director," as provided in (a) above, shall preclude the use of any of those terms by any other licensee employed by the registered mortuary.

13:36-5.12 Advertising

(a)-(j) (No change.)

(k) An advertisement may include the name of an inactive licensee as defined in N.J.A.C. 13:36-4.14 provided that the inactive licensee is not held out as the manager , and provided the inactive licensee does not use any title or designation that implies that he or she holds an active license from the Board. Inactive licensees shall use titles or designations that contain the word inactive .

(l) (No change.)

13:36-5.16 Notice of absence from practice

(a) [In cases where a licensed practitioner of mortuary science in charge of] When the manager of an establishment [intends to remain away from his or her establishment or] is absent from practice for a period in excess of 30 days, [he or she] the manager and the owner of the registered mortuary shall [so] separately notify the Board [and furnish it with] in writing within five days of such absence. The written notice shall also include the name of the licensed employee who will [remain in charge.] be designated the licensee in charge, consistent with the provisions of N.J.A.C. 13:36-4.8. In the case of a manager who is also the owner of the registered mortuary, a single written notification shall be submitted to the Board that clearly indicates that the individual holds both positions.

(b) The designated licensee in charge retained by the owner of the registered mortuary pursuant to (a) above shall notify the Board in writing of his or her acceptance of the position within five days of such action.

SUBCHAPTER 8. GENERAL RULES OF PRACTICE

13:36-8.9 Funeral arrangements or quotation of funeral prices

(a) (No change.)

(b) [When funeral arrangements are being made, no one but] Only a duly licensed practitioner of mortuary science or an intern shall quote prices to a consumer in connection with any funeral services and/or goods when funeral arrangements are being made . Nothing contained in this section shall preclude quotation of prices by a licensed practitioner of mortuary science or an intern when funeral arrangements are not being made.

13:36-8.11 Multiple burials

(a) (No change.)

(b) For the purposes of this section, the only persons who may authorize a licensee to perform a multiple burial are limited to the following:

1. The decedent or a person appointed by the decedent in a will to control the funeral and disposition of the decedent's remains or as provided in N.J.S.A. 45:27-22 ;

2. A relative or relatives of the decedent in the order of:

i. Surviving spouse of the decedent, the surviving domestic partner, as defined in N.J.S.A. 26:8A-3 or the surviving civil union partner, consistent with N.J.S.A. 37:1-28 ;

ii.-v. (No change.)

3.-5. (No change.)

(c)-(d) (No change.)

SUBCHAPTER 9. PREVENTION OF UNFAIR OR DECEPTIVE ACTS AND PRACTICES

13:36-9.1 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

. . .

"Direct cremation" means a disposition of human remains by cremation, with or without embalming, without formal viewing, visitation[,] or ceremony with the body present , conducted by a licensee under the direction of a registered mortuary .

. . .

"Funeral services" means any services[which] conducted by a licensee under the direction of a registered mortuary that may be used to care for and prepare deceased human bodies for burial, cremation or other final disposition[;] and to arrange, supervise or conduct the funeral ceremony or the final disposition of deceased human bodies.

"Immediate burial" means a disposition of human remains by burial, with or without embalming, without formal viewing, visitation[,] or ceremony with the body present, except for a graveside service , conducted by a licensee under the direction of a registered mortuary .

. . .

13:36-9.10 Casket for cremation provisions

(a) In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for a funeral provider to:

1. Represent that State or local law requires a casket for direct cremations; and

2. Represent that a casket (other than an unfinished wood box or alternative container ) is required for direct cremations.

(b) (No change.)

13:36-9.15 Required purchase of caskets for direct cremations

(a) In selling or offering to sell funeral goods or funeral services to the public, it is an unfair or deceptive act or practice for a funeral provider to require that a casket other than an unfinished wood box or alternative container be purchased for direct cremation.

(b) (No change.)

SUBCHAPTER 10. CONTINUING EDUCATION

13:36-10.3 Minimum credit hours for biennial license renewal

(a) Each applicant for biennial license renewal shall complete a minimum of 10 credit hours of continuing education during [the preceding] every biennial licensing period, consistent with the requirements of (b) and (c) below.

(b) A licensee shall obtain 10 credit hours of continuing education in courses or [seminars accredited by the Board. No more than three credit hours may be obtained, during each biennial license period, in courses or seminars dealing with funeral merchandise, such as caskets, outer burial containers and clothing.] programs approved by the Board, consistent with the following requirements:

1. A licensee shall obtain at least two credit hours in each biennial licensing period in pre-need funeral arrangements. The two credit hours shall require in-person attendance and shall include a post-course or program examination;

2. A licensee shall obtain at least three credit hours in each biennial licensing period in funeral directing ethics and in New Jersey law and rules relating to the practice of mortuary science. The three credit hours shall require in-person attendance and shall include a post-course or program examination;

3. A licensee may obtain no more than three credit hours in each biennial licensing period in courses or programs dealing with funeral merchandizing, such as caskets, outer burial containers and clothing. A licensee shall not receive any continuing education credit for viewing exhibits at professional and/or technical meetings and conferences;

4. A licensee shall complete a course or program in applicable Occupational Safety and Health Administration (OSHA) laws and regulations in each biennial licensing period, but may not obtain [page=2742] more than three credit hours in such courses or programs in each biennial licensing period; and

5. A licensee may receive continuing education credit for a course or program one time only per biennial licensing period.

(c) Licensees shall not be permitted to carry over continuing education credit hours [in excess of those required for one] into a succeeding biennial licensure period [to the next biennial licensure period].

(a) The Board shall grant credit for successful completion of the following, provided that the course or program meets the criteria of N.J.A.C. 13:36-10.7 and that any other source of credit directly and materially relates to the practice of mortuary science:

1.-4. (No change.)

5. Teaching or instruction of a new course or program as set forth in (a)1, 2 and 4 above . For purposes of this section, "new" means a course or program that the licensee has never taught before in an educational or practical setting. A licensee may obtain no more than three credits per biennial licensing period for teaching or instruction activities ; and

6. (No change.)

(b) The Board may presumptively approve continuing education courses or [seminars which] programs that are accredited by any nationally-recognized association or entity whose primary function is to accredit continuing education courses or seminars regarding the practice of mortuary science anywhere in the United States.

(c) The Board shall maintain a list of courses currently approved pursuant to N.J.A.C. 13:36-10.6 and [13:36-]10.7 and (b) above . This list shall be made available by the Executive Director to any licensee upon request.

13:36-10.9 Approval of course offerings ; provider responsibilities

(a) A continuing education provider may receive approval for a continuing education course or program pursuant to the provisions of N.J.A.C. 13:36-10.7. For purposes of this section, the "continuing education provider" means the person or entity that determines the time, date, location and speaker for a course or program. Board approval of a continuing education course or program shall be valid only for the biennial licensing period in which approval was obtained. The provider may apply for Board approval either prior to or [up to six months] no more than 60 days following the offering of a course or program.

(b) A licensee seeking to take a course or program , which the provider has not had pre-approved by the Board may apply to the Board for pre-approval or post-approval of the course or program offering no more than 60 days following the course or program offering . The licensee shall submit information similar to that which is required to be supplied by course providers pursuant to N.J.A.C. 13:36-10.7.

(c) (No change.)

(d) A continuing education provider shall submit to the Board, in writing, any changes in course content, hours of instruction and/or lecturer for an approved course or program for review and re-approval by the Board. A continuing education provider shall notify the Board, in writing, of any changes in course date, time and location for an approved course or program.

(e) A continuing education provider shall maintain all records relating to approved courses or programs for two biennial licensing periods and shall provide such documentation to the Board upon request.

(f) A continuing education provider shall issue certificates of completion or other comparable documentation to course or program attendees. Such certificates or documentation shall be printed with the following information:

1. Title of the course or program;

2. Date attended and location;

3. Credit hours earned;

4. Name of the provider; and

5. Name of the instructor or speaker.

SUBCHAPTER 11. PREPAID FUNERAL AGREEMENTS AND ARRANGEMENTS

13:36-11.1 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

. . .

"Deliver" or "delivery" means the conveyance of actual control and possession of prepaid funeral goods that have been permanently relinquished by a provider, or other person, firm or corporation, or an agent thereof, to the purchaser , as defined in this section, or person paying the moneys, or personal representative of the intended funeral recipient. Delivery has not been made if the provider, or other person, firm or corporation, or an agent thereof:

1.-2. (No change.)

"Funeral arrangements" means funeral and burial plans made through a provider, as defined in this section, including the selection of plans for the furnishing of funeral goods and services pursuant to a completed plan of bodily disposition and the act of offering the opportunity to purchase or to enroll in a prepaid funeral agreement by the mortuary.

. . .

"Preneed funeral arrangements" means funeral arrangements made by a provider, as defined in this section, with an intended funeral recipient or his or her guardian, agent or next of kin, for the funeral of the intended funeral recipient.

(d) No provider shall offer, enter into[,] or offer to enter into a prepaid funeral arrangement, whether funded by a funeral trust or funeral insurance policy, unless at the time of said transaction the provider furnishes the purchaser with:

1. (No change.)

2. A separate Statement of Funeral Goods and Services Selected for the intended funeral recipient describing and itemizing the prepaid funeral goods and services agreed upon, completed and signed in accordance with N.J.A.C. 13:36-1.9, whether or not the prepaid funeral agreement itself itemizes the funeral goods and services to be furnished at the time of need. A separate Statement of Funeral Goods and Services Selected shall also be completed and signed in accordance with N.J.A.C. 13:36-1.9 when at need funeral arrangements are made for the intended funeral recipient of the preneed funeral arrangement and when a revocable prepaid funeral agreement becomes an irrevocable funeral agreement and changes to the agreement are necessary to ensure compliance with the requirements of N.J.A.C. 13:36-11.6 ; and

3. (No change.)

(e)-(f) (No change.)

13:36-11.3 Contents of a revocable prepaid funeral agreement

(a) Every prepaid funeral agreement shall be signed by the provider, the purchaser or the intended funeral recipient or the intended funeral recipient's guardian, agent or next of kin, shall be in writing and, together with the requisite separate Statement of Funeral Goods and Services Selected required pursuant to N.J.A.C. 13:36-11.2, shall be provided to the purchaser at the time of entering into a prepaid funeral agreement. Every written prepaid funeral agreement shall, at a minimum, include the following information:

1.-7. (No change.)

8. Notice that a prepaid funeral agreement may be funded by an irrevocable trust or irrevocable funeral insurance policy , consistent with the requirements of N.J.A.C. 13:36-11.6, when the intended funeral recipient is an aged, blind or disabled applicant for, or recipient of, the public assistance programs provided for by N.J.S.A. 44:7-85 et seq., or is a similarly situated individual who reasonably anticipates applying for such assistance within six months from the execution of the prepaid funeral agreement;

[page=2743] 9. Notice that a prepaid funeral agreement funded by an irrevocable trust or an irrevocable funeral insurance policy , as provided in N.J.A.C. 13:36-11.6, shall be nonrefundable during the lifetime of the intended funeral recipient;

10.-12. (No change.)

13. Notice that upon the death of the intended funeral recipient, the provider shall calculate the current retail prices of the prepaid funeral arrangements, and:

i. (No change.)

ii. In the case of any agreement funded through a revocable funeral trust, all surplus funds shall be paid to the purchaser, if alive, and if not, then to the personal representative of the estate of the deceased purchaser;